Patna High Court - Orders
Betia Bind vs The State Of Bihar on 1 April, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.10026 of 2010
BETIA BIND, son of late Hansh Bind
Versus
THE STATE OF BIHAR
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2/ 01.04.2010Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code.
The petitioner is named in the First Information Report as one of the six assailants of the deceased but neither has he been attributed any specific overt act nor has been assigned any weapon.
In view of such, let the petitioner, above named, who is in custody since 19.3.2009 and has no criminal antecedent, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, X, Patna, in connection with S. Tr. No.1500 of 2009, subject to the conditions (i)that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii)that the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail,(iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, and
(iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
JA/- (Anjana Prakash, J.)